Protect Personal Health Information For Athletes

UNC has announced that two football players have suffered career ending medical problems, a neck injury and a heart condition.

I won’t mention their names, but I certainly am puzzled and troubled by why the university releases this type of personal health information.  Just think about whether you would want your health information the media.

Student health information is generally protected by the 1996 Health Insurance Portability and Accountability Act commonly known as HIPAA and the 1974 Family Educational Rights and Privacy Act referred to as the Buckley Amendment.

Students who play sports, however, sign multiple waivers and release forms which may explain why this personal information is shared with the public.  A review of these forms is perplexing enough as to wonder whether the typical student knows what he or she is signing.

For example, as is the case with many consent forms, there is language to confirm that the student has signed voluntarily, that failure to sign will have no consequences on health care or participation in sports.

Given all the demands placed on athletes, one wonders if the option not to sign really reflects an autonomous choice.

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As another example, language from one form to the next does not appear to be consistent.  Is the information released only in the aggregate for research on injuries or is it made available with individual identifiers like names and photos.

Athletics departments are quick to assert that athletes have given their consent.  But, what does that consent really mean?  And putting aside whether this behavior is legal or consistent with the rules and regulations of the NCAA, is it the right thing to do?

Why not respect the privacy of these students?

Finally, if it is somehow acceptable to share the most private of personal health information about athlete, why is it not equally acceptable to publish their transcripts to monitor educational progress with transparency?

— Lew Margolis